Patton Township City Zoning Code

Specific intent. In addition to the general goals listed in § 425-2, it is the purpose of this section to encourage the pursuance of existing agricultural uses and to maintain the rural character of the area. In this manner, sufficient open land will be retained for future use as stream, valley, parks and watershed control, conservation and natural wilderness areas or game preserves. Areas within the Regional Growth Boundary and Sewer Service Area can provide transitional residential areas between higher-density zoning and lower-density development outside the Sewer Service Area.

Furthermore, the rural preservation design standards established herein are intended to achieve the following:

To encourage innovative residential development and design resulting in a coherent overall development pattern and streetscape.

To create neighborhoods with direct visual access to open land.

To conserve and efficiently use open land in rural areas by maintaining permanent open land through the use of rural preservation techniques and ensuring that this open land is incorporated as an integral component of community and neighborhood design.

To encourage new woodlands through natural succession, reforestation and landscaping, where appropriate, and encourage the preservation and improvement of habitat for various forms of wildlife.

To preserve and enhance the rural appearance and serenity of outlying portions of the Township.

To preserve environmentally sensitive features and historically significant elements.

(g)

To implement the environmental protection policies of the Centre Region Comprehensive Plan by requiring open land.

(h)

To promote land development beneficial to maintaining the High Quality Cold Water Fishery designation for Buffalo Run and the related watershed areas.

(i)

To provide sufficient space in appropriate locations for the pursuits of limited agricultural, horticulture and forestry activities.

(j)

Within the Regional Growth Boundary, to provide for the efficient utilization of public water and sewer services.

Use regulations. Uses by right. Land, buildings and premises shall be used by right for the uses shown in Table 425-31B(1).

Uses permitted as a conditional use. The uses shown in Table 1 shall be permitted as a conditional use subject to meeting the procedures and criteria for conditional uses contained in § 425-57 and in conjunction with the specific requirements of each use as identified in Table 425-31B(2) If a conditional use approval is granted for any of these uses by the Board of Supervisors, the buffer yard requirements of § 425-46A must be addressed for all uses within this district.

[Amended 5-28-2014 by Ord. No. 2014-557]

Community-supported agriculture. Developments within the A-1 District that propose to incorporate within them a community-supported agriculture (CSA) enterprise shall be permitted as a conditional use. In addition to meeting the procedures and criteria for conditional uses contained in § 425-57 and the buffer yard requirements of § 425-46A, the following conditions shall also apply.

All CSA developments shall be subject to all of the following conditions:

The developer must demonstrate, to the satisfaction of the Township, that the on-site soils to be utilized in the CSA are suitable to sustain an agricultural operation.

At least 35% of the open land shall be utilized as a CSA enterprise that produces consumer-ready crops which are made available to the residents of the development and to other community residents on a subscription basis.

A homeowners' association (HOA) shall be created in accordance with terms and conditions to be determined during the plan review process.

[d]

Lands dedicated to the CSA shall be controlled by a conservation easement to be held by the Township. The conservation easement may include, but shall not be limited to:

Restrictions and/or conditions of use placed upon the subject lands.

Protections for and the preservation of agricultural lands, streams, wetlands, riparian buffers, steep slopes, woodlands, wildlife habitat and scenic resources.

In addition to the conditions set forth in § 425-31B(1)(a)[1] above, all CSA developments must meet the conditions of one or more of the following development options and may exercise any benefits permitted by the option(s) chosen.

Option 1: development on steep slopes. Steep slopes may be developed in conformance with the following conditions:

The CSA may be operated as a for-profit enterprise.

The CSA or HOA shall reimburse the Township for costs associated with monitoring the conservation easement.

Development shall not be allowed on slopes averaging greater than 25% except upon submission of a report by a professional engineer certifying that the steep slopes may be safely developed. When a professional engineer has submitted such a report, no more than 5% of the total slope area averaging greater than 25% may be developed. In addition, the following conditions shall apply:

The owner and/or developer shall agree to hold the municipality harmless from and against any and all claims or damages associated with any improvements or construction completed in accordance with an approved development plan.

[iv]

Forested open lands situated on slopes exceeding 15% shall be included in a forest stewardship plan prepared under the guidelines of the PA DCNR.

Option 2: As part of a CSA, a retail operation may be conducted in conformance with the following conditions:

The CSA may be operated as a for-profit enterprise.

The CSA or HOA shall reimburse the Township for costs associated with monitoring the conservation easement.

In addition to subscription sales, the CSA may include a retail use. The retail use shall not exceed 2,500 square feet in size and shall be limited to:

Sale of goods produced by the CSA;

[B]

Other consumer-ready crops produced within Pennsylvania;

[C]

Food products produced by Pennsylvania producers; and

[D]

Other products not to exceed 20% of the total sales of the retail operation.

Farm cafes. Farm cafes shall be permitted as a conditional use in the A-1 District. In addition to meeting the procedures and criteria for conditional uses contained in § 425-57, the following conditions shall also apply.

[Added 11-2-2016 by Ord. No. 2016-573]

The farm associated with the farm cafe must operate as an active agricultural use, as defined in § 425-6, Definitions; interpretations of regulations.

The site must comply with Chapter 310, Stormwater Management, and meet the following additional regulations:

The use of innovative best management practices (BMP) and low-impact development (LID) techniques are required to reduce the generation of stormwater runoff and effectively treat pollutants transported in stormwater.

The use of curbing with inlets and piping shall be avoided. Stormwater flow from parking areas shall be conveyed to LID BMPs.

Downspouts shall either be directed to sumps or disconnected from storm pipes and encouraged to flow to LID BMPs.

[3]

The farm cafe need not be subordinate to the active agricultural use in terms of revenue, but shall be subordinate in terms of overall land use (e.g., land area, structures utilized) in order to maintain the intent of the farm cafe, which is to augment, support, and highlight local agriculture.

[4]

The total gross floor area specific to the farm cafe use shall not exceed 3% of the total lot area. This provision shall apply to the entirety of the farm cafe in the case of a freestanding structure or, in the case of an attached structure, the portion of the structure that shall be used for the farm cafe.

[5]

The property shall adhere to the open land requirements specified in Table 425-31B(3) (§ 350-36D, rural preservation design standards) and shall be controlled by a conservation easement to be held by the Township.

[6]

To reduce traffic impacts, only on-site dining and takeout ordering is permitted. No drive-through service is allowed.

[7]

Farm cafes shall be limited to a maximum of 150 seats.

[8]

Adequate parking shall be provided on site according to the standards for eating and drinking establishments as specified in § 350-49, Off-street parking regulations. In addition, all driveways and parking areas must be constructed of a material that will maintain a mud-free surface.

[9]

Retail sales of agricultural products shall be limited to those produced in whole or in part within Pennsylvania, and the sale of merchandise shall be limited to items that promote the farm cafe. Retail sales shall only be permitted in conjunction with an eating establishment that meets the principal objective of farm cafe, as defined in § 425-6, Definitions; interpretations of regulations.

Area and bulk regulations. The regulations shown in Table 425-31B(1) shall be observed.

Developments within the Regional Growth Boundary and Sewer Service Area using public sewer and water. In addition to the use and area/bulk regulations contained in § 425-31B, Table 425-31B(1) and Table 425-31B(2), the design standards in Chapter 350, Subdivision and Land Development, apply.

Rural preservation design standards. In addition to the use and area/bulk regulations contained in § 425-31B and C, the design standards in Chapter 350, Table 425-31B(1) and Table 425-31B(2), Subdivision and Land Development, apply to rural preservation developments.

Exemptions for one or two lots. All parcels that are 10 acres or larger in area at the time of enactment of this chapter will be entitled to subdivide up to two lots from the parent tract without having to comply with rural preservation design standards. Each subdivided lot shall meet the applicable use regulations contained in § 425-31B, Table 425-31B(1), and the applicable area and bulk regulations contained in Table 425-31B(2).

Ownership and maintenance of rural preservation open land.

At the time an application is made to the Township for preliminary plan approval, the applicant shall supply a written agreement to the Township, in a manner and form acceptable for recording by the Recorder of Deeds, Centre County, Pennsylvania, stipulating the means by which said open land shall be preserved for the uses permitted by this subsection. Such means shall be determined according to the following provisions or other acceptable provision that creates a permanent easement. All open land shall be permanently restricted from future development.

Retention of land by the owner or its successor at the time of rural preservation development with covenants that the open land portion of the tract shall be limited to the uses allowed in § 425-31D, in perpetuity;

Establishments of a corporate ownership of the open land by the homeowners (homeowners' association or condominium association) of the developed portion of the tract; incorporating into the deeds of the homeowners any interest in such open land;

Disposition of such open land to a private or nonprofit corporation chartered under the laws of Pennsylvania to administer and maintain the facilities, subject to an acceptable deed restriction limiting eventual disposition of said open land for one or more of the uses permitted above and stated in the Articles of Incorporation. Maintenance and other responsibilities for land reserved for open land intended to be between private ownership shall be set forth in an agreement between the owners or, where land is to be retained by a single owner, shall be set forth in a formal, written document which shall be binding to the owner(s), referenced by note on the subdivision plan, and recorded with Centre County; or

Estate lot ownership for private use but restricted from further subdivision by permanent deed restriction.

The open land may be dedicated to the Township or other public entity if the Board of Supervisors determines that such dedication is in the best interests of the Township and that none of the provisions in Subsection G(1)(a) through (d) are possible.

Telecommunications facilities shall comply with the specific provisions of § 425-64.

Table 425-31B(1) A-1 Uses [Amended 11-2-2016 by Ord. No. 2016-573; 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses	Accessory Uses	Conditional Uses	Special Exceptions¹	Prohibited Uses¹
Essential services Single-family Group homes Telecommunications facilities	Customary related accessory uses³ Swimming pools^2,4 Private greenhouses Residential wind energy facilities (RWEFs)	Churches* Sanitariums* Cemeteries Schools, public or private* Public recreational* Public uses* Sawmills* Greenhouses, commercial* Fish hatcheries* Solar energy systems Commercial wind energy facilities (CWEFs)
On parcels of 10 acres or more	On parcels of 10 acres or more	On parcels of 10 acres or more
Agricultural uses Agricultural farm buildings and structures	Customary agricultural accessory storage and sale of farm products produced on the farm 1 additional single-family dwelling, or 1 additional dwelling unit within or attached to principal structure	Penal or corrective institutions* Golf courses Game reserves* Private hunting lodges* Community-supported agriculture Farm cafes

NOTES:
* See Table 1.1 for area and bulk regulations.
** See full text of § 425-31A.
¹ There are no special exceptions or specifically prohibited uses in this zoning district.
² See full text of § 425-31A.
³ Accessory structures are permitted in the rear yard setback area provided they are a minimum of 40 feet from the rear property line.
⁴ A swimming pool may be located in the rear yard setback area provided that the water’s edge is a minimum of 25 feet from the rear property line.

Table 1 (continued) A-1 Area and Bulk Regulations (§ 425-31C)
Minimum Lot Size		Minimum Lot Width At
Minimum Lot Size		Building Line (feet)	Street Line (feet)
When meeting RPD standards: 1/3 acre	For property on which agricultural uses, farm buildings and farm structures are located	300	200
For preexisting parcels less than 10 acres not to be developed under RPD standards: 1 acre	For rural preservation developments	80	50
For lots created under 175-26E: 1 acre	For other developments	150	100
For developments within RGB/SSA using public water/sewer
11,000 square feet minimum; 33,000 square feet maximum	80 feet at building line	50 feet: frontage on interior street
Maximum density: 1.6 dwelling units per acre

Maximum Lot Coverage	Maximum Impervious Area	Maximum Height (feet)
		Building	Structure
20% in all areas	40%	35	100

Minimum Setbacks
Development Type	Front (feet)	Front on Collector (feet)	Side (feet)	Rear (feet)
For property on which agricultural uses, farm buildings and farm structures are located	75	100	75	75
Rural preservation/lot accessed by interior public street	30		10	25
Rural preservation/lot accessed by shared driveway	20		20	20
Other	30	40	30	75
Within RGB/SSA using public water/sewer	30		10	25
	Tract boundaries		Adjacent to existing public right-of-way
Rural preservation	75 feet		100 feet
Within RGB/SSA using public water/sewer	Greatest of:		75 feet
	1)	Track boundary setback of adjacent development or zoning district
	2)	Rear yard setback of adjacent property or zoning if no tract boundary setback is required
	3)	50 feet
Additional Setbacks
No new single-family dwelling shall be located closer than 200 feet to any existing barn on a separate lot or parcel of land.
No new farm building or structure shall be located within 200 feet of an existing residence on a separate lot or parcel of land.

Table 425-31B(3) Other Design Standards
Rural Preservation Design Standards
The rural preservation design standards are contained in § 350-36. The information provided in this table is not a complete set of design standards. These standards contain those with specific parameters. Section 350-36 contains other general standards pertaining to site design. See § 350-36 for full text.
(§ 350-36; See also § 425-31)
Open Land
Section	Description	See Also
§ 350-36D	50% of tract must remain as open land	§ 425-6, Definitions
Allowable Uses of Open Land
1. Agricultural uses on a minimum area of 10 acres.
2. The conservation of water, soil, forest and wildlife resources, areas for potable water well use and areas for treatment/disposal for wastewater discharges. Protection easements with required separation distances as required by the PADEP shall be provided for water wells and wastewater discharge areas.
3. An estate lot for one single-family dwelling. The estate lot shall be restricted from further subdivision by permanent deed restriction. An estate lot of 10 acres or more is entitled to accessory uses and additional uses by right as described in § 425-31B.
4. Parks and recreational uses.
5. Stormwater management areas.

Stream, Wetland and Environmental Buffers
Section	Streams (feet)	Wetlands (feet)	Surface Waters (feet)	Planting Requirement
§ 350-36H	100	100	100	n/a (existing natural vegetation)
§ 350-36P, alternate standards	50, with plantings	50, with stormwater BMPs	50, with plantings	For streams, surface waters
See § 350-36P for full regulations of the alternate standards.

Riparian Buffers (§ 350-43)
See also § 350-36H, P: The stricter standard applies where conflict exists between these regulations.
	Buffer Width	Planting Requirements
Streams	The greater of 65 feet or extent of 100-year floodplain	Plantings to be installed in first 35 feet of buffer, each side
Wetlands	a) Greater than or equal to 5,000 square feet: 50 feet b) Greater than 2,500 square feet but less than 5,000: 25 feet	No plantings required. Existing vegetation to be preserved.
For full requirements pertaining to riparian buffers, see § 350-43.

Table 425-31B(3) Conditional Uses; Area and Bulk Requirements [Amended 11-2-2016 by Ord. No. 2016-573]
Unless otherwise specifically identified, the following area and bulk regulations will pertain to conditional uses.
Lot size	1 acre minimum
Lot width at building setback line	150 feet, minimum
Lot Coverage (impervious surface)	20% maximum
Setback	30 foot minimum, 40 feet on collector streets
Side yards	30 feet minimum per side
Rear yards	75 feet minimum
Maximum building heights	35 feet building, 50 feet structure
Lot width at street line	100 feet minimum

Conditional Use	Minimum Lot Size (aces)	Minimum Setback (feet)	Other
Churches	5	75, all sides
Sanitariums	5	75, all sides
Penal or corrective institutions	10	100, all sides	Cannot be adjacent to a property where a residence is the primary use
Golf Courses	150		Maximum impervious coverage of 5%
Schools, public or private	5	75, all sides	No more than 50 students may be enrolled at any one time
Public recreation	5		Maximum impervious coverage of 5%
Private recreation	10	100, all sides	Hours of operation shall be between 7:00 a.m. and 1/2 hour after sunset
Public Uses	5
Sawmills	5	75, all sides	(a) All operations must occur inside of a structure or structures (b) Hours of operation shall be between 7:00 a.m. and 8:00 p.m.
Greenhouses, commercial	5	75, all sides	Hours of operation shall be between 7:00 a.m. and 8:00 p.m.
Fish hatcheries	5	75, all sides	Retail sales are prohibited on-site
Game reserves	100	100, all sides	Maximum impervious coverage of 5%
Private hunting lodges	50 acres; also see "Other" column	100, all sides	If located directly adjacent to public hunting lands such as State Gamelands or State Forest; then minimum lot size shall be 5 acres
Farm cafes	10	75, all sides	Hours of operation shall be between 6:00 a.m. and 10:00 p.m.

§ 425-32 NR-1 Natural Resource District.

[Amended 12-10-1997 by Ord. No. 97-354; 1-2-2001 by Ord. No. 2001-384; 1-6-2014 by Ord. No. 2014-551]

Statement of intent. In addition to the general goals listed in § 425-2, it is the purpose of this section to preserve all types of natural resources from rural or urban development except for specific unique uses that would be compatible with the natural resources.

Use regulations are shown in Table 425-32. In addition, the following regulations shall also apply.

Uses permitted as a conditional use. The uses shown in Table 1 shall be permitted as a conditional use, subject to meeting the procedures and criteria for conditional uses contained in § 425-57. If a conditional use approval is granted for any of these uses by the Board of Supervisors, the bufferyard requirements of § 425-46A must be addressed for all uses within this district.

Area and bulk requirement: none.

Telecommunications facilities shall comply with the specific provisions of § 425-64.

Table 425-32 NR-1 Uses [Amended 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses	Accessory Uses	Conditional Uses	Prohibited Uses
Woodland preserve Wildlife sanctuary Forests and the keeping of land Flora and other resources Telecommunications facilities Retaining walls, flood retention dams, culverts and bridges as approved by the PA DEP and/or other applicable agencies	Residential wind energy facilities (RWEFs)	Private or public recreation use Game farm Fish hatchery Hunting and fishing reserves Utility transmission lines Agricultural uses and harvesting of crops Pasture Grazing land Orchard Outdoor plant nursery Solar energy systems	All structures and buildings not approved by the Pennsylvania Department of Environmental Protection and/or other applicable agency as listed under permitted uses
	Residential wind energy facilities (RWEFs)		The filling in of the area or removal of topsoil or damming or relocation of any watercourse
			Sanitary landfills Dumps Junkyards Outdoor storage of vehicles and/or material

§ 425-33 NR-2 Natural Resource and Recycling District.

[Added 7-19-2006 by Ord. No. 2006-471; amended 1-28-2009 by Ord. No. 2009-505; 1-6-2014 by Ord. No. 2014-551]

Statement of intent. In addition to the general goals listed in § 425-2, General intent, it is the purpose of this section to provide for limited reuse of a portion of impaired properties along with preservation of the wooded character of the Township.

Use regulations are shown in Table 425-33B. In addition, the following regulations shall also apply.

Uses permitted as a conditional use. The uses shown in Table 425-33B shall be permitted as conditional uses, subject to meeting the standards and criteria in § 425-57, Procedures and criteria for conditional uses, and approval of Township Supervisors.

Area, bulk and development requirements are shown in Table 425-33C. In addition, the following regulations also apply.

[Amended 8-15-2018 by Ord. No. 2018-594]

Minimum setbacks for all improvements are in effect except entranceways and bufferyard plantings.

Grandfathered uses: Operations that were permitted as nonconforming uses prior to the creation of the NR-2 Zoning District and became conforming uses with creation of the NR-2 Zoning District, and where the occupied area of said use encroaches into one (or more) of the setback area(s) required in the NR-2 Zoning District, shall be prohibited from encroaching any further into the setback area.

Bufferyards: Refer to Tables 3, 4 and 5 at the end of this chapter.

Bufferyard notes:

All existing plantings within the depth of the setback may be counted towards meeting the bufferyard planting requirement.

Where setbacks for a preexisting operation are grandfathered as noted above, the use shall maintain the bufferyard planting and width in place at the time of creation of the NR-2 Zoning District.

Access and traffic.

Parking: Provide sufficient paved parking for routine needs. Seasonal and overflow parking may be provided in unpaved parking areas.

Telecommunications facilities shall comply with the specific provisions of § 425-64, Telecommunications facilities.

Table 425-33B NR-2 Uses [Amended 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses		Accessory Uses	Conditional Uses	Prohibited Uses
Woodland preserve Wildlife sanctuary Forests and the keeping of land Flora and other resources Telecommunications facilities		Residential wind energy facilities (RWEFs)	Private or public recreation use Utility transmission lines Orchard Outdoor plant nursery Solar energy systems	The filling in of the area or removal of topsoil or damming or relocation of any watercourse Sanitary landfills Dumps Junkyards Outdoor storage of vehicles and/or material
Recycling activities limited to:
1.	Production, storage and sale of organic compost and mulch produced from leaves, grass and other locally generated organic wastes
2.	Production, storage and sale of clean construction aggregate produced from locally generated waste concrete and asphalt paving and building materials

Table 425-33C NR-2 Area and Bulk Regulations [Amended 8-15-2018 by Ord. No. 2018-594]
Minimum Lot Size (acres)	Minimum Open Space	Maximum Impervious Coverage	Maximum Building Coverage	Maximum Height (feet)	Setbacks Adjacent To: (feet)
40	40%	15%	5%	Building: 45	Residential or Planned Community Zones or uses: 100
				Structure: 80
					Industrial or Commercial Zones or uses: 50
					Public or private road right-of-way: 100
					Other use: 100

Buffer Yard Regulations (§ 425-32C, Tables 3, 4 and 5)
Adjacent To:	Buffer Yard
Residential or Planned Community Zones or uses	E
Industrial or Commercial Zones or uses	C
Public or private road right-of-way	D
Other uses	E

§ 425-34 Floodplain Conservation Area.

[Amended 9-12-1978 by Ord. No. 154; 3-26-2003 by Ord. No. 2003-416; 5-13-2009 by Ord. No. 2009-506; 5-13-2009 by Ord. No. 2009-506; 1-6-2014 by Ord. No. 2014-551]

The limits of the Floodplain Conservation Area are hereby determined to be areas subject to periodic flooding as delineated by the official Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) of the Federal Insurance and Mitigation Administration (FIMA), FEMA, and those areas containing alluvial soils defined as "floodplain soils" by the Natural Resources Conservation Service, United States Department of Agriculture. All maps and data used to set the limits of the Flood District are available in the Township Building and in the offices of the Centre County Planning Commission, Willowbank Office Building, 420 Holmes Street, Bellefonte, Pennsylvania, and the Centre Regional Planning Commission, Municipal Building, 2643 Gateway Drive, State College, Pennsylvania. No modification or revision of any flood-prone area designated by FEMA shall be made without review and approval by the Federal Insurance and Mitigation Administration.

Declaration of legislative intent. In the interest of the public health, safety and welfare, the regulations of the Floodplain District are intended to protect areas of floodplain subject to and necessary for floodwaters and to permit and encourage the retention of open land uses which will be so located and designed as to constitute a harmonious and appropriate part of the physical development of the municipality as provided for in the Comprehensive Plan. In advancing these principles and the general purposes of this chapter and the Comprehensive Plan, the specific intent of this district is to:

Combine with present zoning requirements certain restrictions made necessary for the floodplains to promote the general health, welfare and safety of the community.

Prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.

Minimize danger to public health by protecting the water supply and promoting safe and sanitary drainage.

Reduce the financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflow of lands.

(5)

Permit certain uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow of floodwaters or otherwise cause danger to life and property at or above or below their locations along the floodway.

(6)

Permit only those uses in the floodplain compatible to the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year by:

Withholding rapid water runoff contributing to downstream flooding.

Providing area for groundwater absorption for maintenance of the subsurface water supply.

(7)

Provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.

The Floodplain Conservation Area shall include all lands designated by the following:

Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS).

Alluvial soils delineated by Soils Report of the Natural Resources Conservation Service, United States Department of Agriculture, on map sheets (47, 48, 55, 56, 63) of USDA Soil Survey, 1981:

Name		Symbol
1.	Chagrin Loams	Ch
2.	Lindside Silt Loam	Lx
3.	Melvin Silt Loam	Mm
4.	Dunning Silty Clay Loam	Du
5.	Wyoming	Wy
6.	Nolin	No

Wyoming (Wy) and Nolin (No) soils, while not displaying all of the characteristics common to the alluvial soils indicated in the preceding table, may be subject to periodic overflow or flooding. For this reason, they shall be considered an integral part of a flood network. However, they may be exempted from the provisions of this chapter where it is determined that:

They are not contained within the areas delineated by the official Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) of the Federal Insurance and Mitigation Administration, United States Department of Housing and Urban Development.

That such exemption would not have the effect of nullifying the declaration of legislative intent of this chapter. Those cases in which either Wyoming or Nolin, local-alluvium, are involved shall be referred to the Planning Commission, which shall examine each case and recommend either compliance with or exemption from the provisions of this chapter and shall attach any conditions appropriate to meet the declaration of legislative intent of this chapter.

Permitted uses. The uses shown in Table 1 are permitted in the Floodplain Conservation Area, provided there is strict compliance with the floodproofing and related provisions in this and all other applicable codes and ordinances.

Prohibitions and use limitations. The uses permitted in Subsection C, Table 425-34, are limited as follows:

All new construction or development is prohibited.

Improvements or modifications to an existing structure shall be permitted, but they shall be elevated or floodproofed as much as possible, provided that said improvements or modifications involve less than 50% of the fair market value and less than 50% of the square footage as it existed on January 6, 2014.

All other uses, whether temporary or permanent, are prohibited, including but not limited to the following, which are not interpreted as customary uses:

All structures and buildings with the exception of retaining walls, flood retention dams, culverts and bridges as approved by the Department of Environmental Protection.

The filling in, removal of topsoil from, any alterations or damming of any watercourse within the Floodplain Conservation Area without prior approval by the Pennsylvania Department of Environmental Protection; the applicant must notify all adjacent communities, the State Coordinating Office and the Administrator of the Federal Insurance and Mitigation Administration.

Sanitary landfill or dumping of any kind.

Fences which impede, retard or change the direction of the flow of water or catch or collect debris carried by such water.

On-site sewage disposal system.

Swimming pools.

Outdoor storage materials which are buoyant, flammable or explosive or those hazardous materials listed in the Pennsylvania Emergency Management Agency's Flood Plain Management Regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Special exceptions. The uses shown in Table 1 shall be permitted in the Floodplain Conservation Area upon approval by the Zoning Hearing Board as a special exception. Additional regulations for specific uses are as follows:

Residential front, side and/or rear yards and uses customarily incidental thereto.

Except that no structures shall be permitted.

Inclusion of floodplain lands within the residential lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth in the declaration of legislative intent of this chapter (§ 425-2) and with any other pertinent municipal regulations. If such compliance cannot be shown, the land area within the Floodplain District shall not be calculated for purposes of determining lot areas or yard requirements.

Front, side and/or rear yards of any other class or district.

Except that an area so utilized shall not be inconsistent with the objectives and standards set forth in the declaration of legislative intent of this chapter (§ 425-2) and with any other pertinent municipal regulations.

Approval. All plans for structures within a distance of 100 feet from the Floodplain District and all plans for the development of a recreational or utility use within or adjacent to the district shall be approved by the Township.

Appeals. Initial determinations under this chapter, including questions of the boundaries of the Floodplain District, shall be made by the Zoning Officer with the advice of the Township Engineer and the Township Planning Commission. Any party aggrieved by a decision of the Zoning Officer may appeal to the Zoning Hearing Board. The boundaries can be validated by detailed on-site surveys approved by the Natural Resources Conservation Service, United States Department of Agriculture. In rendering decisions under this chapter, the Zoning Hearing Board shall consider, in addition to other evidence and standards, the findings and recommendations of the Soil and Water Conservation District and the recommendations of the Township Planning Commission and other appropriate agencies. In any appeal procedure, both the property owner, at their expense, and the Township or any other of its agencies or agents shall have the right to conduct on-site surveys and other studies and present testimony and evidence of same to the Zoning Officer and to the Zoning Hearing Board.

Municipal liability. The granting of a zoning permit or approval of a subdivision plan in any floodplain district shall not constitute a representation, guarantee or warranty of any kind by the Township or by any official or employee thereof of the practicability or safety of any structure, use or other plan proposed and shall create no liability upon or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.

Table 425-34 Floodplain Conservation Uses [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses	Special Exceptions		Prohibited Uses
Permitted Uses	Accessory Uses	Other	See full text of § 425-34
Cultivation and harvesting of crops according to recognized soil conservation practices Pasture and grazing land Outdoor plant nursery Orchard	Customarily incidental to the permitted uses	Residential front, side and/or rear yards and uses customarily incidental thereto, except that no structures shall be permitted
	Residential wind energy facilities (RWEFs)	Nonpaved parking lots where required by regulations for any other class or district
Recreation use such as (excluding structures): Park Day camp picnic grove Golf course Hunting Fishing and boating club		Front, side and/or rear yards of any other class or district
		All utilities and water supply facilities that are designed to minimize and eliminate flood damage or infiltration
Forestry, lumbering and reforestation, excluding storage and mill structures
Harvesting of any wild crops such as marsh hay, ferns, moss, berries and wild rice
Game farm
Fish hatchery (excluding rearing structures)
Hunting and fishing reserves
Public and private conservation areas such as:
Wildlife sanctuary
Woodland preserve and arboretum
Conservation of open space, water, soil and wildlife resources
Outlet installations for sewage treatment plants, sealed public and private water supply wells
Utility transmission lines
Essential services designed and built to minimize flood damage and promote infiltration
Essential services include stormwater infiltration basins and other best management practices as defined by the PA Department of Environmental Protection for handling stormwater discharge.

NOTES:
¹ See full text of § 425-34 for additional regulations.

Patton Township City Zoning Code

ARTICLE V

Conservation Districts

§ 425-30 Intent.

In addition to the general goals listed in § 425-2, the districts established in this regulation are intended to achieve the following:

To provide for the preservation of the Township's natural recharge areas.

To preserve areas of natural resources such as forests, rock outcropping, areas of geological significance and areas of natural flora.

To preserve and protect land most suitable for agricultural and related activities from urban encroachment.

To blend rural and suburban design elements where public sewer is available.

[Added 10-24-2007 by Ord. No. 2007-486]

§ 425-31 A-1 Rural District.

Statement of intent.

Furthermore, the rural preservation design standards established herein are intended to achieve the following:

To encourage innovative residential development and design resulting in a coherent overall development pattern and streetscape.

To create neighborhoods with direct visual access to open land.

To encourage new woodlands through natural succession, reforestation and landscaping, where appropriate, and encourage the preservation and improvement of habitat for various forms of wildlife.

To preserve and enhance the rural appearance and serenity of outlying portions of the Township.

To preserve environmentally sensitive features and historically significant elements.

(g)

To implement the environmental protection policies of the Centre Region Comprehensive Plan by requiring open land.

(h)

To promote land development beneficial to maintaining the High Quality Cold Water Fishery designation for Buffalo Run and the related watershed areas.

(i)

To provide sufficient space in appropriate locations for the pursuits of limited agricultural, horticulture and forestry activities.

(j)

Within the Regional Growth Boundary, to provide for the efficient utilization of public water and sewer services.

Use regulations. Uses by right. Land, buildings and premises shall be used by right for the uses shown in Table 425-31B(1).

[Amended 5-28-2014 by Ord. No. 2014-557]

All CSA developments shall be subject to all of the following conditions:

The developer must demonstrate, to the satisfaction of the Township, that the on-site soils to be utilized in the CSA are suitable to sustain an agricultural operation.

A homeowners' association (HOA) shall be created in accordance with terms and conditions to be determined during the plan review process.

[d]

Lands dedicated to the CSA shall be controlled by a conservation easement to be held by the Township. The conservation easement may include, but shall not be limited to:

Restrictions and/or conditions of use placed upon the subject lands.

Protections for and the preservation of agricultural lands, streams, wetlands, riparian buffers, steep slopes, woodlands, wildlife habitat and scenic resources.

Option 1: development on steep slopes. Steep slopes may be developed in conformance with the following conditions:

The CSA may be operated as a for-profit enterprise.

The CSA or HOA shall reimburse the Township for costs associated with monitoring the conservation easement.

[iv]

Forested open lands situated on slopes exceeding 15% shall be included in a forest stewardship plan prepared under the guidelines of the PA DCNR.

Option 2: As part of a CSA, a retail operation may be conducted in conformance with the following conditions:

The CSA may be operated as a for-profit enterprise.

The CSA or HOA shall reimburse the Township for costs associated with monitoring the conservation easement.

In addition to subscription sales, the CSA may include a retail use. The retail use shall not exceed 2,500 square feet in size and shall be limited to:

Sale of goods produced by the CSA;

[B]

Other consumer-ready crops produced within Pennsylvania;

[C]

Food products produced by Pennsylvania producers; and

[D]

Other products not to exceed 20% of the total sales of the retail operation.

[Added 11-2-2016 by Ord. No. 2016-573]

The farm associated with the farm cafe must operate as an active agricultural use, as defined in § 425-6, Definitions; interpretations of regulations.

The site must comply with Chapter 310, Stormwater Management, and meet the following additional regulations:

The use of curbing with inlets and piping shall be avoided. Stormwater flow from parking areas shall be conveyed to LID BMPs.

Downspouts shall either be directed to sumps or disconnected from storm pipes and encouraged to flow to LID BMPs.

To reduce traffic impacts, only on-site dining and takeout ordering is permitted. No drive-through service is allowed.

[7]

Farm cafes shall be limited to a maximum of 150 seats.

[8]

[9]

Area and bulk regulations. The regulations shown in Table 425-31B(1) shall be observed.

Ownership and maintenance of rural preservation open land.

Estate lot ownership for private use but restricted from further subdivision by permanent deed restriction.

Telecommunications facilities shall comply with the specific provisions of § 425-64.

Table 425-31B(1) A-1 Uses [Amended 11-2-2016 by Ord. No. 2016-573; 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses	Accessory Uses	Conditional Uses	Special Exceptions¹	Prohibited Uses¹
Essential services Single-family Group homes Telecommunications facilities	Customary related accessory uses³ Swimming pools^2,4 Private greenhouses Residential wind energy facilities (RWEFs)	Churches* Sanitariums* Cemeteries Schools, public or private* Public recreational* Public uses* Sawmills* Greenhouses, commercial* Fish hatcheries* Solar energy systems Commercial wind energy facilities (CWEFs)
On parcels of 10 acres or more	On parcels of 10 acres or more	On parcels of 10 acres or more
Agricultural uses Agricultural farm buildings and structures	Customary agricultural accessory storage and sale of farm products produced on the farm 1 additional single-family dwelling, or 1 additional dwelling unit within or attached to principal structure	Penal or corrective institutions* Golf courses Game reserves* Private hunting lodges* Community-supported agriculture Farm cafes

NOTES:
* See Table 1.1 for area and bulk regulations.
** See full text of § 425-31A.
¹ There are no special exceptions or specifically prohibited uses in this zoning district.
² See full text of § 425-31A.
³ Accessory structures are permitted in the rear yard setback area provided they are a minimum of 40 feet from the rear property line.
⁴ A swimming pool may be located in the rear yard setback area provided that the water’s edge is a minimum of 25 feet from the rear property line.

Table 1 (continued) A-1 Area and Bulk Regulations (§ 425-31C)
Minimum Lot Size		Minimum Lot Width At
Minimum Lot Size		Building Line (feet)	Street Line (feet)
When meeting RPD standards: 1/3 acre	For property on which agricultural uses, farm buildings and farm structures are located	300	200
For preexisting parcels less than 10 acres not to be developed under RPD standards: 1 acre	For rural preservation developments	80	50
For lots created under 175-26E: 1 acre	For other developments	150	100
For developments within RGB/SSA using public water/sewer
11,000 square feet minimum; 33,000 square feet maximum	80 feet at building line	50 feet: frontage on interior street
Maximum density: 1.6 dwelling units per acre

Maximum Lot Coverage	Maximum Impervious Area	Maximum Height (feet)
		Building	Structure
20% in all areas	40%	35	100

Minimum Setbacks
Development Type	Front (feet)	Front on Collector (feet)	Side (feet)	Rear (feet)
For property on which agricultural uses, farm buildings and farm structures are located	75	100	75	75
Rural preservation/lot accessed by interior public street	30		10	25
Rural preservation/lot accessed by shared driveway	20		20	20
Other	30	40	30	75
Within RGB/SSA using public water/sewer	30		10	25
	Tract boundaries		Adjacent to existing public right-of-way
Rural preservation	75 feet		100 feet
Within RGB/SSA using public water/sewer	Greatest of:		75 feet
	1)	Track boundary setback of adjacent development or zoning district
	2)	Rear yard setback of adjacent property or zoning if no tract boundary setback is required
	3)	50 feet
Additional Setbacks
No new single-family dwelling shall be located closer than 200 feet to any existing barn on a separate lot or parcel of land.
No new farm building or structure shall be located within 200 feet of an existing residence on a separate lot or parcel of land.

Table 425-31B(3) Other Design Standards
Rural Preservation Design Standards
The rural preservation design standards are contained in § 350-36. The information provided in this table is not a complete set of design standards. These standards contain those with specific parameters. Section 350-36 contains other general standards pertaining to site design. See § 350-36 for full text.
(§ 350-36; See also § 425-31)
Open Land
Section	Description	See Also
§ 350-36D	50% of tract must remain as open land	§ 425-6, Definitions
Allowable Uses of Open Land
1. Agricultural uses on a minimum area of 10 acres.
2. The conservation of water, soil, forest and wildlife resources, areas for potable water well use and areas for treatment/disposal for wastewater discharges. Protection easements with required separation distances as required by the PADEP shall be provided for water wells and wastewater discharge areas.
3. An estate lot for one single-family dwelling. The estate lot shall be restricted from further subdivision by permanent deed restriction. An estate lot of 10 acres or more is entitled to accessory uses and additional uses by right as described in § 425-31B.
4. Parks and recreational uses.
5. Stormwater management areas.

Stream, Wetland and Environmental Buffers
Section	Streams (feet)	Wetlands (feet)	Surface Waters (feet)	Planting Requirement
§ 350-36H	100	100	100	n/a (existing natural vegetation)
§ 350-36P, alternate standards	50, with plantings	50, with stormwater BMPs	50, with plantings	For streams, surface waters
See § 350-36P for full regulations of the alternate standards.

Riparian Buffers (§ 350-43)
See also § 350-36H, P: The stricter standard applies where conflict exists between these regulations.
	Buffer Width	Planting Requirements
Streams	The greater of 65 feet or extent of 100-year floodplain	Plantings to be installed in first 35 feet of buffer, each side
Wetlands	a) Greater than or equal to 5,000 square feet: 50 feet b) Greater than 2,500 square feet but less than 5,000: 25 feet	No plantings required. Existing vegetation to be preserved.
For full requirements pertaining to riparian buffers, see § 350-43.

Table 425-31B(3) Conditional Uses; Area and Bulk Requirements [Amended 11-2-2016 by Ord. No. 2016-573]
Unless otherwise specifically identified, the following area and bulk regulations will pertain to conditional uses.
Lot size	1 acre minimum
Lot width at building setback line	150 feet, minimum
Lot Coverage (impervious surface)	20% maximum
Setback	30 foot minimum, 40 feet on collector streets
Side yards	30 feet minimum per side
Rear yards	75 feet minimum
Maximum building heights	35 feet building, 50 feet structure
Lot width at street line	100 feet minimum

Conditional Use	Minimum Lot Size (aces)	Minimum Setback (feet)	Other
Churches	5	75, all sides
Sanitariums	5	75, all sides
Penal or corrective institutions	10	100, all sides	Cannot be adjacent to a property where a residence is the primary use
Golf Courses	150		Maximum impervious coverage of 5%
Schools, public or private	5	75, all sides	No more than 50 students may be enrolled at any one time
Public recreation	5		Maximum impervious coverage of 5%
Private recreation	10	100, all sides	Hours of operation shall be between 7:00 a.m. and 1/2 hour after sunset
Public Uses	5
Sawmills	5	75, all sides	(a) All operations must occur inside of a structure or structures (b) Hours of operation shall be between 7:00 a.m. and 8:00 p.m.
Greenhouses, commercial	5	75, all sides	Hours of operation shall be between 7:00 a.m. and 8:00 p.m.
Fish hatcheries	5	75, all sides	Retail sales are prohibited on-site
Game reserves	100	100, all sides	Maximum impervious coverage of 5%
Private hunting lodges	50 acres; also see "Other" column	100, all sides	If located directly adjacent to public hunting lands such as State Gamelands or State Forest; then minimum lot size shall be 5 acres
Farm cafes	10	75, all sides	Hours of operation shall be between 6:00 a.m. and 10:00 p.m.

§ 425-32 NR-1 Natural Resource District.

[Amended 12-10-1997 by Ord. No. 97-354; 1-2-2001 by Ord. No. 2001-384; 1-6-2014 by Ord. No. 2014-551]

Use regulations are shown in Table 425-32. In addition, the following regulations shall also apply.

Area and bulk requirement: none.

Telecommunications facilities shall comply with the specific provisions of § 425-64.

Table 425-32 NR-1 Uses [Amended 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses	Accessory Uses	Conditional Uses	Prohibited Uses
Woodland preserve Wildlife sanctuary Forests and the keeping of land Flora and other resources Telecommunications facilities Retaining walls, flood retention dams, culverts and bridges as approved by the PA DEP and/or other applicable agencies	Residential wind energy facilities (RWEFs)	Private or public recreation use Game farm Fish hatchery Hunting and fishing reserves Utility transmission lines Agricultural uses and harvesting of crops Pasture Grazing land Orchard Outdoor plant nursery Solar energy systems	All structures and buildings not approved by the Pennsylvania Department of Environmental Protection and/or other applicable agency as listed under permitted uses
	Residential wind energy facilities (RWEFs)		The filling in of the area or removal of topsoil or damming or relocation of any watercourse
			Sanitary landfills Dumps Junkyards Outdoor storage of vehicles and/or material

§ 425-33 NR-2 Natural Resource and Recycling District.

[Added 7-19-2006 by Ord. No. 2006-471; amended 1-28-2009 by Ord. No. 2009-505; 1-6-2014 by Ord. No. 2014-551]

Use regulations are shown in Table 425-33B. In addition, the following regulations shall also apply.

Area, bulk and development requirements are shown in Table 425-33C. In addition, the following regulations also apply.

[Amended 8-15-2018 by Ord. No. 2018-594]

Minimum setbacks for all improvements are in effect except entranceways and bufferyard plantings.

Bufferyards: Refer to Tables 3, 4 and 5 at the end of this chapter.

Bufferyard notes:

All existing plantings within the depth of the setback may be counted towards meeting the bufferyard planting requirement.

Where setbacks for a preexisting operation are grandfathered as noted above, the use shall maintain the bufferyard planting and width in place at the time of creation of the NR-2 Zoning District.

Access and traffic.

Parking: Provide sufficient paved parking for routine needs. Seasonal and overflow parking may be provided in unpaved parking areas.

Telecommunications facilities shall comply with the specific provisions of § 425-64, Telecommunications facilities.

Table 425-33B NR-2 Uses [Amended 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses		Accessory Uses	Conditional Uses	Prohibited Uses
Woodland preserve Wildlife sanctuary Forests and the keeping of land Flora and other resources Telecommunications facilities		Residential wind energy facilities (RWEFs)	Private or public recreation use Utility transmission lines Orchard Outdoor plant nursery Solar energy systems	The filling in of the area or removal of topsoil or damming or relocation of any watercourse Sanitary landfills Dumps Junkyards Outdoor storage of vehicles and/or material
Recycling activities limited to:
1.	Production, storage and sale of organic compost and mulch produced from leaves, grass and other locally generated organic wastes
2.	Production, storage and sale of clean construction aggregate produced from locally generated waste concrete and asphalt paving and building materials

Table 425-33C NR-2 Area and Bulk Regulations [Amended 8-15-2018 by Ord. No. 2018-594]
Minimum Lot Size (acres)	Minimum Open Space	Maximum Impervious Coverage	Maximum Building Coverage	Maximum Height (feet)	Setbacks Adjacent To: (feet)
40	40%	15%	5%	Building: 45	Residential or Planned Community Zones or uses: 100
				Structure: 80
					Industrial or Commercial Zones or uses: 50
					Public or private road right-of-way: 100
					Other use: 100

Buffer Yard Regulations (§ 425-32C, Tables 3, 4 and 5)
Adjacent To:	Buffer Yard
Residential or Planned Community Zones or uses	E
Industrial or Commercial Zones or uses	C
Public or private road right-of-way	D
Other uses	E

§ 425-34 Floodplain Conservation Area.

[Amended 9-12-1978 by Ord. No. 154; 3-26-2003 by Ord. No. 2003-416; 5-13-2009 by Ord. No. 2009-506; 5-13-2009 by Ord. No. 2009-506; 1-6-2014 by Ord. No. 2014-551]

Combine with present zoning requirements certain restrictions made necessary for the floodplains to promote the general health, welfare and safety of the community.

Prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.

Minimize danger to public health by protecting the water supply and promoting safe and sanitary drainage.

Reduce the financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflow of lands.

(5)

(6)

Permit only those uses in the floodplain compatible to the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year by:

Withholding rapid water runoff contributing to downstream flooding.

Providing area for groundwater absorption for maintenance of the subsurface water supply.

(7)

Provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.

The Floodplain Conservation Area shall include all lands designated by the following:

Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS).

Alluvial soils delineated by Soils Report of the Natural Resources Conservation Service, United States Department of Agriculture, on map sheets (47, 48, 55, 56, 63) of USDA Soil Survey, 1981:

Name		Symbol
1.	Chagrin Loams	Ch
2.	Lindside Silt Loam	Lx
3.	Melvin Silt Loam	Mm
4.	Dunning Silty Clay Loam	Du
5.	Wyoming	Wy
6.	Nolin	No

Prohibitions and use limitations. The uses permitted in Subsection C, Table 425-34, are limited as follows:

All new construction or development is prohibited.

All other uses, whether temporary or permanent, are prohibited, including but not limited to the following, which are not interpreted as customary uses:

All structures and buildings with the exception of retaining walls, flood retention dams, culverts and bridges as approved by the Department of Environmental Protection.

Sanitary landfill or dumping of any kind.

Fences which impede, retard or change the direction of the flow of water or catch or collect debris carried by such water.

On-site sewage disposal system.

Swimming pools.

Outdoor storage materials which are buoyant, flammable or explosive or those hazardous materials listed in the Pennsylvania Emergency Management Agency's Flood Plain Management Regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Residential front, side and/or rear yards and uses customarily incidental thereto.

Except that no structures shall be permitted.

Front, side and/or rear yards of any other class or district.

Table 425-34 Floodplain Conservation Uses [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses	Special Exceptions		Prohibited Uses
Permitted Uses	Accessory Uses	Other	See full text of § 425-34
Cultivation and harvesting of crops according to recognized soil conservation practices Pasture and grazing land Outdoor plant nursery Orchard	Customarily incidental to the permitted uses	Residential front, side and/or rear yards and uses customarily incidental thereto, except that no structures shall be permitted
	Residential wind energy facilities (RWEFs)	Nonpaved parking lots where required by regulations for any other class or district
Recreation use such as (excluding structures): Park Day camp picnic grove Golf course Hunting Fishing and boating club		Front, side and/or rear yards of any other class or district
		All utilities and water supply facilities that are designed to minimize and eliminate flood damage or infiltration
Forestry, lumbering and reforestation, excluding storage and mill structures
Harvesting of any wild crops such as marsh hay, ferns, moss, berries and wild rice
Game farm
Fish hatchery (excluding rearing structures)
Hunting and fishing reserves
Public and private conservation areas such as:
Wildlife sanctuary
Woodland preserve and arboretum
Conservation of open space, water, soil and wildlife resources
Outlet installations for sewage treatment plants, sealed public and private water supply wells
Utility transmission lines
Essential services designed and built to minimize flood damage and promote infiltration
Essential services include stormwater infiltration basins and other best management practices as defined by the PA Department of Environmental Protection for handling stormwater discharge.

NOTES:
¹ See full text of § 425-34 for additional regulations.

Patton Township City Zoning Code

ARTICLE V

Conservation Districts

§ 425-30 Intent.

In addition to the general goals listed in § 425-2, the districts established in this regulation are intended to achieve the following:

To provide for the preservation of the Township's natural recharge areas.

To preserve areas of natural resources such as forests, rock outcropping, areas of geological significance and areas of natural flora.

To preserve and protect land most suitable for agricultural and related activities from urban encroachment.

To blend rural and suburban design elements where public sewer is available.

[Added 10-24-2007 by Ord. No. 2007-486]

§ 425-31 A-1 Rural District.

Statement of intent.

Furthermore, the rural preservation design standards established herein are intended to achieve the following:

To encourage innovative residential development and design resulting in a coherent overall development pattern and streetscape.

To create neighborhoods with direct visual access to open land.

To encourage new woodlands through natural succession, reforestation and landscaping, where appropriate, and encourage the preservation and improvement of habitat for various forms of wildlife.

To preserve and enhance the rural appearance and serenity of outlying portions of the Township.

To preserve environmentally sensitive features and historically significant elements.

(g)

To implement the environmental protection policies of the Centre Region Comprehensive Plan by requiring open land.

(h)

To promote land development beneficial to maintaining the High Quality Cold Water Fishery designation for Buffalo Run and the related watershed areas.

(i)

To provide sufficient space in appropriate locations for the pursuits of limited agricultural, horticulture and forestry activities.

(j)

Within the Regional Growth Boundary, to provide for the efficient utilization of public water and sewer services.

Use regulations. Uses by right. Land, buildings and premises shall be used by right for the uses shown in Table 425-31B(1).

[Amended 5-28-2014 by Ord. No. 2014-557]

All CSA developments shall be subject to all of the following conditions:

The developer must demonstrate, to the satisfaction of the Township, that the on-site soils to be utilized in the CSA are suitable to sustain an agricultural operation.

A homeowners' association (HOA) shall be created in accordance with terms and conditions to be determined during the plan review process.

[d]

Lands dedicated to the CSA shall be controlled by a conservation easement to be held by the Township. The conservation easement may include, but shall not be limited to:

Restrictions and/or conditions of use placed upon the subject lands.

Protections for and the preservation of agricultural lands, streams, wetlands, riparian buffers, steep slopes, woodlands, wildlife habitat and scenic resources.

Option 1: development on steep slopes. Steep slopes may be developed in conformance with the following conditions:

The CSA may be operated as a for-profit enterprise.

The CSA or HOA shall reimburse the Township for costs associated with monitoring the conservation easement.

[iv]

Forested open lands situated on slopes exceeding 15% shall be included in a forest stewardship plan prepared under the guidelines of the PA DCNR.

Option 2: As part of a CSA, a retail operation may be conducted in conformance with the following conditions:

The CSA may be operated as a for-profit enterprise.

The CSA or HOA shall reimburse the Township for costs associated with monitoring the conservation easement.

In addition to subscription sales, the CSA may include a retail use. The retail use shall not exceed 2,500 square feet in size and shall be limited to:

Sale of goods produced by the CSA;

[B]

Other consumer-ready crops produced within Pennsylvania;

[C]

Food products produced by Pennsylvania producers; and

[D]

Other products not to exceed 20% of the total sales of the retail operation.

[Added 11-2-2016 by Ord. No. 2016-573]

The farm associated with the farm cafe must operate as an active agricultural use, as defined in § 425-6, Definitions; interpretations of regulations.

The site must comply with Chapter 310, Stormwater Management, and meet the following additional regulations:

The use of curbing with inlets and piping shall be avoided. Stormwater flow from parking areas shall be conveyed to LID BMPs.

Downspouts shall either be directed to sumps or disconnected from storm pipes and encouraged to flow to LID BMPs.

To reduce traffic impacts, only on-site dining and takeout ordering is permitted. No drive-through service is allowed.

[7]

Farm cafes shall be limited to a maximum of 150 seats.

[8]

[9]

Area and bulk regulations. The regulations shown in Table 425-31B(1) shall be observed.

Ownership and maintenance of rural preservation open land.

Estate lot ownership for private use but restricted from further subdivision by permanent deed restriction.

Telecommunications facilities shall comply with the specific provisions of § 425-64.

Table 425-31B(1) A-1 Uses [Amended 11-2-2016 by Ord. No. 2016-573; 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses	Accessory Uses	Conditional Uses	Special Exceptions¹	Prohibited Uses¹
Essential services Single-family Group homes Telecommunications facilities	Customary related accessory uses³ Swimming pools^2,4 Private greenhouses Residential wind energy facilities (RWEFs)	Churches* Sanitariums* Cemeteries Schools, public or private* Public recreational* Public uses* Sawmills* Greenhouses, commercial* Fish hatcheries* Solar energy systems Commercial wind energy facilities (CWEFs)
On parcels of 10 acres or more	On parcels of 10 acres or more	On parcels of 10 acres or more
Agricultural uses Agricultural farm buildings and structures	Customary agricultural accessory storage and sale of farm products produced on the farm 1 additional single-family dwelling, or 1 additional dwelling unit within or attached to principal structure	Penal or corrective institutions* Golf courses Game reserves* Private hunting lodges* Community-supported agriculture Farm cafes

NOTES:
* See Table 1.1 for area and bulk regulations.
** See full text of § 425-31A.
¹ There are no special exceptions or specifically prohibited uses in this zoning district.
² See full text of § 425-31A.
³ Accessory structures are permitted in the rear yard setback area provided they are a minimum of 40 feet from the rear property line.
⁴ A swimming pool may be located in the rear yard setback area provided that the water’s edge is a minimum of 25 feet from the rear property line.

Table 1 (continued) A-1 Area and Bulk Regulations (§ 425-31C)
Minimum Lot Size		Minimum Lot Width At
Minimum Lot Size		Building Line (feet)	Street Line (feet)
When meeting RPD standards: 1/3 acre	For property on which agricultural uses, farm buildings and farm structures are located	300	200
For preexisting parcels less than 10 acres not to be developed under RPD standards: 1 acre	For rural preservation developments	80	50
For lots created under 175-26E: 1 acre	For other developments	150	100
For developments within RGB/SSA using public water/sewer
11,000 square feet minimum; 33,000 square feet maximum	80 feet at building line	50 feet: frontage on interior street
Maximum density: 1.6 dwelling units per acre

Maximum Lot Coverage	Maximum Impervious Area	Maximum Height (feet)
		Building	Structure
20% in all areas	40%	35	100

Minimum Setbacks
Development Type	Front (feet)	Front on Collector (feet)	Side (feet)	Rear (feet)
For property on which agricultural uses, farm buildings and farm structures are located	75	100	75	75
Rural preservation/lot accessed by interior public street	30		10	25
Rural preservation/lot accessed by shared driveway	20		20	20
Other	30	40	30	75
Within RGB/SSA using public water/sewer	30		10	25
	Tract boundaries		Adjacent to existing public right-of-way
Rural preservation	75 feet		100 feet
Within RGB/SSA using public water/sewer	Greatest of:		75 feet
	1)	Track boundary setback of adjacent development or zoning district
	2)	Rear yard setback of adjacent property or zoning if no tract boundary setback is required
	3)	50 feet
Additional Setbacks
No new single-family dwelling shall be located closer than 200 feet to any existing barn on a separate lot or parcel of land.
No new farm building or structure shall be located within 200 feet of an existing residence on a separate lot or parcel of land.

Table 425-31B(3) Other Design Standards
Rural Preservation Design Standards
The rural preservation design standards are contained in § 350-36. The information provided in this table is not a complete set of design standards. These standards contain those with specific parameters. Section 350-36 contains other general standards pertaining to site design. See § 350-36 for full text.
(§ 350-36; See also § 425-31)
Open Land
Section	Description	See Also
§ 350-36D	50% of tract must remain as open land	§ 425-6, Definitions
Allowable Uses of Open Land
1. Agricultural uses on a minimum area of 10 acres.
2. The conservation of water, soil, forest and wildlife resources, areas for potable water well use and areas for treatment/disposal for wastewater discharges. Protection easements with required separation distances as required by the PADEP shall be provided for water wells and wastewater discharge areas.
3. An estate lot for one single-family dwelling. The estate lot shall be restricted from further subdivision by permanent deed restriction. An estate lot of 10 acres or more is entitled to accessory uses and additional uses by right as described in § 425-31B.
4. Parks and recreational uses.
5. Stormwater management areas.

Stream, Wetland and Environmental Buffers
Section	Streams (feet)	Wetlands (feet)	Surface Waters (feet)	Planting Requirement
§ 350-36H	100	100	100	n/a (existing natural vegetation)
§ 350-36P, alternate standards	50, with plantings	50, with stormwater BMPs	50, with plantings	For streams, surface waters
See § 350-36P for full regulations of the alternate standards.

Riparian Buffers (§ 350-43)
See also § 350-36H, P: The stricter standard applies where conflict exists between these regulations.
	Buffer Width	Planting Requirements
Streams	The greater of 65 feet or extent of 100-year floodplain	Plantings to be installed in first 35 feet of buffer, each side
Wetlands	a) Greater than or equal to 5,000 square feet: 50 feet b) Greater than 2,500 square feet but less than 5,000: 25 feet	No plantings required. Existing vegetation to be preserved.
For full requirements pertaining to riparian buffers, see § 350-43.

Table 425-31B(3) Conditional Uses; Area and Bulk Requirements [Amended 11-2-2016 by Ord. No. 2016-573]
Unless otherwise specifically identified, the following area and bulk regulations will pertain to conditional uses.
Lot size	1 acre minimum
Lot width at building setback line	150 feet, minimum
Lot Coverage (impervious surface)	20% maximum
Setback	30 foot minimum, 40 feet on collector streets
Side yards	30 feet minimum per side
Rear yards	75 feet minimum
Maximum building heights	35 feet building, 50 feet structure
Lot width at street line	100 feet minimum

Conditional Use	Minimum Lot Size (aces)	Minimum Setback (feet)	Other
Churches	5	75, all sides
Sanitariums	5	75, all sides
Penal or corrective institutions	10	100, all sides	Cannot be adjacent to a property where a residence is the primary use
Golf Courses	150		Maximum impervious coverage of 5%
Schools, public or private	5	75, all sides	No more than 50 students may be enrolled at any one time
Public recreation	5		Maximum impervious coverage of 5%
Private recreation	10	100, all sides	Hours of operation shall be between 7:00 a.m. and 1/2 hour after sunset
Public Uses	5
Sawmills	5	75, all sides	(a) All operations must occur inside of a structure or structures (b) Hours of operation shall be between 7:00 a.m. and 8:00 p.m.
Greenhouses, commercial	5	75, all sides	Hours of operation shall be between 7:00 a.m. and 8:00 p.m.
Fish hatcheries	5	75, all sides	Retail sales are prohibited on-site
Game reserves	100	100, all sides	Maximum impervious coverage of 5%
Private hunting lodges	50 acres; also see "Other" column	100, all sides	If located directly adjacent to public hunting lands such as State Gamelands or State Forest; then minimum lot size shall be 5 acres
Farm cafes	10	75, all sides	Hours of operation shall be between 6:00 a.m. and 10:00 p.m.

§ 425-32 NR-1 Natural Resource District.

[Amended 12-10-1997 by Ord. No. 97-354; 1-2-2001 by Ord. No. 2001-384; 1-6-2014 by Ord. No. 2014-551]

Use regulations are shown in Table 425-32. In addition, the following regulations shall also apply.

Area and bulk requirement: none.

Telecommunications facilities shall comply with the specific provisions of § 425-64.

Table 425-32 NR-1 Uses [Amended 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses	Accessory Uses	Conditional Uses	Prohibited Uses
Woodland preserve Wildlife sanctuary Forests and the keeping of land Flora and other resources Telecommunications facilities Retaining walls, flood retention dams, culverts and bridges as approved by the PA DEP and/or other applicable agencies	Residential wind energy facilities (RWEFs)	Private or public recreation use Game farm Fish hatchery Hunting and fishing reserves Utility transmission lines Agricultural uses and harvesting of crops Pasture Grazing land Orchard Outdoor plant nursery Solar energy systems	All structures and buildings not approved by the Pennsylvania Department of Environmental Protection and/or other applicable agency as listed under permitted uses
	Residential wind energy facilities (RWEFs)		The filling in of the area or removal of topsoil or damming or relocation of any watercourse
			Sanitary landfills Dumps Junkyards Outdoor storage of vehicles and/or material

§ 425-33 NR-2 Natural Resource and Recycling District.

[Added 7-19-2006 by Ord. No. 2006-471; amended 1-28-2009 by Ord. No. 2009-505; 1-6-2014 by Ord. No. 2014-551]

Use regulations are shown in Table 425-33B. In addition, the following regulations shall also apply.

Area, bulk and development requirements are shown in Table 425-33C. In addition, the following regulations also apply.

[Amended 8-15-2018 by Ord. No. 2018-594]

Minimum setbacks for all improvements are in effect except entranceways and bufferyard plantings.

Bufferyards: Refer to Tables 3, 4 and 5 at the end of this chapter.

Bufferyard notes:

All existing plantings within the depth of the setback may be counted towards meeting the bufferyard planting requirement.

Where setbacks for a preexisting operation are grandfathered as noted above, the use shall maintain the bufferyard planting and width in place at the time of creation of the NR-2 Zoning District.

Access and traffic.

Parking: Provide sufficient paved parking for routine needs. Seasonal and overflow parking may be provided in unpaved parking areas.

Telecommunications facilities shall comply with the specific provisions of § 425-64, Telecommunications facilities.

Table 425-33B NR-2 Uses [Amended 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses		Accessory Uses	Conditional Uses	Prohibited Uses
Woodland preserve Wildlife sanctuary Forests and the keeping of land Flora and other resources Telecommunications facilities		Residential wind energy facilities (RWEFs)	Private or public recreation use Utility transmission lines Orchard Outdoor plant nursery Solar energy systems	The filling in of the area or removal of topsoil or damming or relocation of any watercourse Sanitary landfills Dumps Junkyards Outdoor storage of vehicles and/or material
Recycling activities limited to:
1.	Production, storage and sale of organic compost and mulch produced from leaves, grass and other locally generated organic wastes
2.	Production, storage and sale of clean construction aggregate produced from locally generated waste concrete and asphalt paving and building materials

Table 425-33C NR-2 Area and Bulk Regulations [Amended 8-15-2018 by Ord. No. 2018-594]
Minimum Lot Size (acres)	Minimum Open Space	Maximum Impervious Coverage	Maximum Building Coverage	Maximum Height (feet)	Setbacks Adjacent To: (feet)
40	40%	15%	5%	Building: 45	Residential or Planned Community Zones or uses: 100
				Structure: 80
					Industrial or Commercial Zones or uses: 50
					Public or private road right-of-way: 100
					Other use: 100

Buffer Yard Regulations (§ 425-32C, Tables 3, 4 and 5)
Adjacent To:	Buffer Yard
Residential or Planned Community Zones or uses	E
Industrial or Commercial Zones or uses	C
Public or private road right-of-way	D
Other uses	E

§ 425-34 Floodplain Conservation Area.

[Amended 9-12-1978 by Ord. No. 154; 3-26-2003 by Ord. No. 2003-416; 5-13-2009 by Ord. No. 2009-506; 5-13-2009 by Ord. No. 2009-506; 1-6-2014 by Ord. No. 2014-551]

Combine with present zoning requirements certain restrictions made necessary for the floodplains to promote the general health, welfare and safety of the community.

Prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.

Minimize danger to public health by protecting the water supply and promoting safe and sanitary drainage.

Reduce the financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflow of lands.

(5)

(6)

Permit only those uses in the floodplain compatible to the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year by:

Withholding rapid water runoff contributing to downstream flooding.

Providing area for groundwater absorption for maintenance of the subsurface water supply.

(7)

Provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.

The Floodplain Conservation Area shall include all lands designated by the following:

Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS).

Alluvial soils delineated by Soils Report of the Natural Resources Conservation Service, United States Department of Agriculture, on map sheets (47, 48, 55, 56, 63) of USDA Soil Survey, 1981:

Name		Symbol
1.	Chagrin Loams	Ch
2.	Lindside Silt Loam	Lx
3.	Melvin Silt Loam	Mm
4.	Dunning Silty Clay Loam	Du
5.	Wyoming	Wy
6.	Nolin	No

Prohibitions and use limitations. The uses permitted in Subsection C, Table 425-34, are limited as follows:

All new construction or development is prohibited.

All other uses, whether temporary or permanent, are prohibited, including but not limited to the following, which are not interpreted as customary uses:

All structures and buildings with the exception of retaining walls, flood retention dams, culverts and bridges as approved by the Department of Environmental Protection.

Sanitary landfill or dumping of any kind.

Fences which impede, retard or change the direction of the flow of water or catch or collect debris carried by such water.

On-site sewage disposal system.

Swimming pools.

Outdoor storage materials which are buoyant, flammable or explosive or those hazardous materials listed in the Pennsylvania Emergency Management Agency's Flood Plain Management Regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Residential front, side and/or rear yards and uses customarily incidental thereto.

Except that no structures shall be permitted.

Front, side and/or rear yards of any other class or district.